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View Full Version : Trial to Determine "Fair Use" for DVDs



Andara Bledin
March 23rd, 2007, 11:59 AM
Link to the Article at PCMag.com (http://www.pcmag.com/article2/0,1895,2106317,00.asp)

Wednesday morning was the start of the trial that is hoped to determine whether fair use in owning a DVD includes saving a copy of that DVD on an electronic device.

The DVD Content Control Association has brought the case against Kaleidescape Systems, the manufacturers of the Kaleidescape System, which is essentially a DVD jukebox, connected via Ethernet to a separate player box. Users can insert a DVD and rip it to the installed hard drive for later viewing upon a television screen.

The CCA counsel claims that Kaleidoscape is in violoation of a 100-page Content Scrambling System (CSS) license.

"Once the DVD content is copied onto a first System by a user, the actual DVD disc could be sold or otherwise provided to additional users to be copied onto other Systems, but with the content copied onto the first System remaining playable. This functionality constitutes a breach of the CSS License," the CCA's complaint reads.

I seem to recall that similar concerns were first raised with either the audio tape recorder or the video tape recorder and it was determined that such was part of fair use.

This would appear to be the same argument. The only thing that has changed is the type of media to which the data is stored.

^-.-^

lakoda
March 23rd, 2007, 12:15 PM
I seem to recall that similar concerns were first raised with either the audio tape recorder or the video tape recorder and it was determined that such was part of fair use.

This would appear to be the same argument. The only thing that has changed is the type of media to which the data is stored.

I think what they are battling over is not the users rights to do this but manufactures right to do it. Per the CSS a hardware manufacture is given access to key to decrypt DVDs and virtually all DVD players use this. Kaleidescape Systems could be violating the CSS license which they would have needed to signed to get decrypt key for their hardware system. Although good faith covers a users right to store a backup electronic/physical copy of a DVD it may not be that way with CSS, they may have signed that away. if Kaleidescape is found in violation I don't think that will have any effect on a consumers right to backup their stuff...I think they are just spin it that way to get some support.

On a bit of a side not, CSS is weak and has been compromised for good while now, so I think the only reason it is still there is for reasons like this.

Bobthepenguin
March 23rd, 2007, 04:52 PM
I hereby crown Andara the queen of the news.

Nekojin
March 23rd, 2007, 05:04 PM
I hereby crown Andara the queen of the news.
Would that make me the king of the news, then? ;)
Edit: No, since we're not married, I guess it wouldn't...
Concubine of the news? Boytoy of the news?

Andara Bledin
March 23rd, 2007, 05:38 PM
(my boss gets a lot of newsletters in his email, and I'm the one that goes through his email, so I end up getting a good look at news for all sorts of industries that we aren't even involved with becuase he unsbuscribes from nothing)

^-.-^

thedarkmessenger
March 23rd, 2007, 08:40 PM
(my boss gets a lot of newsletters in his email, and I'm the one that goes through his email, so I end up getting a good look at news for all sorts of industries that we aren't even involved with becuase he unsbuscribes from nothing)

^-.-^
You never know what you can learn from seemingly random newsletters!